| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY DINNIMAN, MARCH 29, 2010 |
| |
| |
| REFERRED TO EDUCATION, MARCH 29, 2010 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," providing for the American Recovery |
6 | and Reinvestment Act of 2009 and for certified safety |
7 | committees; further providing for transferred programs and |
8 | classes, for actual cost of tuition and maintenance of |
9 | certain exceptional children in the four chartered schools |
10 | for education of the deaf and the blind, for the Educational |
11 | Assistance Program, for education empowerment districts, for |
12 | financial program and reimbursement of payments, for duties |
13 | of public institutions of higher education and for the |
14 | Transfer and Articulation Oversight Committee; providing for |
15 | participation by State-related institutions and for library |
16 | funds; further providing for basic education funding for |
17 | student achievement, for accountability to Commonwealth |
18 | taxpayers, for special education payments to school |
19 | districts, for payments on account of homebound children and |
20 | for Pennsylvania Accountability Grants; and making a repeal. |
21 | The General Assembly of the Commonwealth of Pennsylvania |
22 | hereby enacts as follows: |
23 | Section 1. The act of March 10, 1949 (P.L.30, No.14), known |
24 | as the Public School Code of 1949, is amended by adding sections |
25 | to read: |
26 | Section 118. American Recovery and Reinvestment Act of |
27 | 2009.--Notwithstanding any other provision of law, funds |
|
1 | received under the American Recovery and Reinvestment Act of |
2 | 2009 (Public Law 111-5, 123 Stat. 115) shall be spent in |
3 | accordance with the American Recovery and Reinvestment Act of |
4 | 2009 and applicable rules and guidelines developed by the |
5 | Federal Government. |
6 | Section 615. Certified Safety Committee.--(a) Each school |
7 | district shall take such steps as necessary during fiscal year |
8 | 2009-2010 in order to have or maintain a certified safety |
9 | committee by December 31, 2010, for the purposes of section |
10 | 1002(b) of the act of June 2, 1915 (P.L.736, No.338), known as |
11 | the "Workers' Compensation Act." The Department of Labor and |
12 | Industry shall provide the Department of Education with the list |
13 | of school districts that have a certified safety committee. In |
14 | the case of a school district that does not submit evidence to |
15 | the Department of Education that complies with this subsection, |
16 | the Department of Education shall deduct from any allocation |
17 | from the Commonwealth to which the school district is entitled |
18 | the amount of the discount the school district would otherwise |
19 | receive under section 1002(b) of the "Workers' Compensation |
20 | Act." |
21 | (b) Subsection (a) shall not apply to a school district that |
22 | cannot receive a premium discount under section 1002(b) of the |
23 | "Workers' Compensation Act," or an equivalent reduction in |
24 | contribution rates, by establishing and maintaining a certified |
25 | safety committee because it is authorized to self-insure its |
26 | liabilities under section 305 of the "Workers' Compensation Act" |
27 | or pool its liabilities under section 802 of the "Workers' |
28 | Compensation Act." |
29 | Section 2. Section 1113 of the act is amended by adding a |
30 | subsection to read: |
|
1 | Section 1113. Transferred Programs and Classes.--* * * |
2 | (b.3) (1) The following shall apply to professional and |
3 | temporary professional employes of a school formerly operated by |
4 | the Commonwealth: |
5 | (i) The Commonwealth shall create a pool for each school |
6 | comprised of the professional and temporary professional |
7 | employes who have received formal notice of suspension from the |
8 | Commonwealth as a result of the Commonwealth's decision to cease |
9 | Commonwealth operation of the school. |
10 | (ii) For the three school years immediately following the |
11 | formal notice of suspension from the Commonwealth, employes in a |
12 | pool created under subclause (i) shall be offered employment by |
13 | each eligible school entity as determined under subclause (iv) |
14 | associated with the applicable pool created under subclause (i), |
15 | when that eligible school entity has a vacancy for a position |
16 | that an employe in the applicable pool is properly certified to |
17 | fill, provided that no employe of the eligible school entity in |
18 | which the vacancy exists, including a suspended or demoted |
19 | employe, has a right to the vacancy under this act or the |
20 | collective bargaining agreement of the respective eligible |
21 | school entity. |
22 | (iii) For the three school years immediately following the |
23 | formal notice of suspension from the Commonwealth, no new |
24 | employe shall be hired by an eligible school entity as |
25 | determined under subclause (iv) associated with the applicable |
26 | pool created under subclause (i), until the position has been |
27 | offered, in order of seniority, to all properly certified |
28 | members of the applicable pool created under subclause (i). |
29 | (iv) For the purpose of subclauses (ii) and (iii), an |
30 | "eligible school entity" shall be determined as follows: |
|
1 | (A) a school district, vocational-technical school or |
2 | intermediate unit, the administration building of which is |
3 | seventeen (17) miles or less from the administration building of |
4 | a school formerly operated by the Commonwealth or a school |
5 | district which is adjacent to the school district in which a |
6 | school formerly operated by the Commonwealth was situate; or |
7 | (B) a school district with average daily membership greater |
8 | than or equal to eight thousand (8,000), the administration |
9 | building of which is forty-five (45) miles or less from the |
10 | administration building of a school formerly operated by the |
11 | Commonwealth, and which relies on State revenue for no less than |
12 | fifty percent (50%) of the school district's total budget in the |
13 | most recent year for which data has been published on the |
14 | Department of Education's public Internet website. |
15 | (2) (i) Employes hired from a pool under clause (1) and |
16 | former employes of a school formerly operated by the |
17 | Commonwealth who resigned from a school formerly operated by the |
18 | Commonwealth within the six months prior to the effective date |
19 | of an act of the General Assembly declining to fund the school |
20 | and who accepted employment at a school district, intermediate |
21 | unit or vocational-technical school shall be credited by the |
22 | hiring school district, intermediate unit or vocational- |
23 | technical school for all sick leave accumulated in the school |
24 | and shall be credited for years of service in the school for |
25 | purposes of salary schedule placement. Employes shall further be |
26 | credited for their years of service in the school for purposes |
27 | of sabbatical leave eligibility, suspension and realignment |
28 | rights and eligibility for any retirement incentives or |
29 | severance payments in a hiring school district, intermediate |
30 | unit or vocational-technical school. |
|
1 | (ii) Nothing in this clause shall be construed to supersede |
2 | or preempt any provision of an individual employment agreement |
3 | between a school district, intermediate unit or vocational- |
4 | technical school and an employe entered into prior to October 9, |
5 | 2009, or any provision of a collective bargaining agreement in |
6 | effect as of October 9, 2009, and negotiated by a school entity |
7 | and an exclusive representative of the employes in accordance |
8 | with the act of July 23, 1970 (P.L.563, No.195), known as the |
9 | "Public Employe Relations Act." |
10 | * * * |
11 | Section 3. Section 1376.1(b.2) of the act is amended by |
12 | adding paragraphs to read: |
13 | Section 1376.1. Actual Cost of Tuition and Maintenance of |
14 | Certain Exceptional Children in the Four Chartered Schools for |
15 | Education of the Deaf and the Blind.--* * * |
16 | (b.2) Payments are as follows: |
17 | * * * |
18 | (4) Transition funding: |
19 | (i) In addition to any other funding provided pursuant to |
20 | this subsection, the Department of Education shall provide to |
21 | each chartered school in the 2009-2010 school year for |
22 | enrollment during the 2009-2010 school year for one or more |
23 | students who were enrolled as of May 1, 2009, in a school for |
24 | the deaf formerly operated by the Commonwealth, an amount equal |
25 | to the product of the following: |
26 | (A) The number of students enrolled in the chartered school |
27 | as of October 1, 2009, who were enrolled as of May 1, 2009, in a |
28 | school for the deaf formerly operated by the Commonwealth, |
29 | divided by the total number of such students enrolled in all |
30 | chartered schools as of October 1, 2009, who were enrolled as of |
|
1 | May 1, 2009, in a school for the deaf formerly operated by the |
2 | Commonwealth. |
3 | (B) Three million three hundred thousand dollars |
4 | ($3,300,000). |
5 | (ii) In addition to any other funds provided to a chartered |
6 | school under subparagraph (i), the department shall provide to |
7 | each chartered school that establishes a satellite campus with |
8 | approval of the department for the purpose of enrolling students |
9 | previously enrolled in a school for the deaf formerly operated |
10 | by the Commonwealth, the amount of twenty-seven thousand two |
11 | hundred seventy-three dollars ($27,273) multiplied by the number |
12 | of students enrolled in the chartered school as of October 1, |
13 | 2009, who were enrolled as of May 1, 2009, in a school for the |
14 | deaf formerly operated by the Commonwealth, provided that the |
15 | total amount under this subparagraph shall not exceed two |
16 | million one hundred thousand dollars ($2,100,000). |
17 | (5) For the 2010-2011 school year and every school year |
18 | thereafter, payments under this subsection for a chartered |
19 | school that establishes a satellite campus with the approval of |
20 | the department for the purpose of enrolling students previously |
21 | enrolled in a school for the deaf formerly operated by the |
22 | Commonwealth shall, in addition to any amount otherwise |
23 | calculated under this subsection, include the amount provided in |
24 | fiscal year 2009-2010 pursuant to paragraph (4)(ii). The total |
25 | shall be subject to the annual adjustment under paragraph (1). |
26 | (6) For the 2010-2011 and 2011-2012 school years, in |
27 | addition to any other funds provided to it, the department shall |
28 | provide to a chartered school that establishes a satellite |
29 | campus with approval of the department for the purpose of |
30 | enrolling students previously enrolled in a school for the deaf |
|
1 | formerly operated by the Commonwealth, out of funds appropriated |
2 | to the department, an amount equal to five hundred thousand |
3 | dollars ($500,000) annually to the extent appropriated by the |
4 | General Assembly. |
5 | * * * |
6 | Section 4. Section 1512-C(g) and (j) of the act, amended or |
7 | added July 9, 2008 (P.L.846, No.61), are amended to read: |
8 | Section 1512-C. Educational Assistance Program. |
9 | * * * |
10 | (g) Educational assistance funding.-- |
11 | (1) During the 2003-2004, 2004-2005, 2005-2006, |
12 | 2006-2007, 2007-2008 [and], 2008-2009 and 2009-2010 school |
13 | years, the department shall provide each eligible school |
14 | entity with educational assistance funding calculated by: |
15 | (i) Dividing the number of Pennsylvania System of |
16 | School Assessment tests administered in the eligible |
17 | school entity on which students scored below proficient |
18 | in reading or mathematics by the total number of |
19 | Pennsylvania System of School Assessment tests |
20 | administered in the eligible school entity in reading and |
21 | mathematics during the 2002-2003 school year. |
22 | (ii) Multiplying the quotient from subparagraph (i) |
23 | by the average daily membership of the eligible school |
24 | entity during the 2002-2003 school year. |
25 | (iii) Multiplying the product from subparagraph (ii) |
26 | by the dollar value of funds appropriated to the |
27 | Department of Education for the Educational Assistance |
28 | Program in the 2004-2005 fiscal year. |
29 | (iv) Dividing the product from subparagraph (iii) by |
30 | the sum of the products of subparagraph (ii) for all |
|
1 | eligible school entities that qualify for grant funds |
2 | under this paragraph. |
3 | (1.1) During the 2005-2006, 2006-2007, 2007-2008 [and], |
4 | 2008-2009 and 2009-2010 school years, the department shall |
5 | provide each school entity with at least one school that has |
6 | failed to achieve its 2005 mathematics proficiency target or |
7 | its 2005 reading proficiency target with educational |
8 | assistance funding for the support of tutoring services to |
9 | eligible students enrolled in seventh through twelfth grades. |
10 | Such funding shall be calculated as follows: |
11 | (i) Dividing the number of Pennsylvania System of |
12 | School Assessment tests administered in the eligible |
13 | school entity to eleventh grade students on which such |
14 | students scored below the 2005 reading or mathematics |
15 | proficiency target by the total number of Pennsylvania |
16 | System of School Assessment tests administered in the |
17 | eligible school entity to eleventh grade students in |
18 | reading and mathematics during the 2003-2004 school year. |
19 | (ii) Multiplying the quotient from subparagraph (i) |
20 | by the average daily membership of the eligible school |
21 | entity during the 2004-2005 school year. |
22 | (iii) Multiplying the product from subparagraph (ii) |
23 | by the difference between the dollar value of funds |
24 | appropriated to the department for the educational |
25 | assistance program in the 2004-2005 fiscal year and the |
26 | dollar value of funds appropriated to the department for |
27 | the educational assistance program in the 2007-2008 |
28 | fiscal year. |
29 | (iv) Dividing the product from subparagraph (iii) by |
30 | the sum of the products of subparagraph (ii) for all |
|
1 | eligible school entities that qualify for grant funds |
2 | under this paragraph. |
3 | (2) The amount of educational assistance funding |
4 | provided under this article shall be limited to funds |
5 | appropriated for this purpose. |
6 | * * * |
7 | (j) Pro rata distribution.--For the 2008-2009 [fiscal year] |
8 | and 2009-2010 fiscal years, if insufficient funds are |
9 | appropriated to make Commonwealth payments pursuant to this |
10 | section, such payments shall be made on a pro rata basis. |
11 | Section 5. Section 1705-B(h)(4) of the act, amended July 9, |
12 | 2008 (P.L.846, No.61), is reenacted and amended to read: |
13 | Section 1705-B. Education Empowerment Districts.--* * * |
14 | (h) * * * |
15 | (4) The department may utilize up to $4,500,000 of |
16 | undistributed funds not expended, encumbered or committed from |
17 | appropriations for grants and subsidies made to the department |
18 | to assist school districts certified as an education empowerment |
19 | district under paragraph (3). There is hereby established a |
20 | restricted account from which payments under this paragraph |
21 | shall be paid. Funds shall be transferred by the Secretary of |
22 | the Budget to the restricted account to the extent necessary to |
23 | make payments under this paragraph. Funds in the restricted |
24 | account are hereby appropriated to carry out the purposes of |
25 | this paragraph. The subsidy payment from this account shall be |
26 | utilized to supplement the operational budget of the eligible |
27 | school districts. This paragraph shall apply to fiscal years |
28 | 2000-2001, 2001-2002, 2002-2003, 2003-2004, 2004-2005, |
29 | 2005-2006, 2006-2007, 2007-2008 [and], 2008-2009 and 2009-2010 |
30 | and shall expire June 30, [2009] 2010. |
|
1 | Section 6. Section 1913-A(b) of the act is amended by adding |
2 | a paragraph to read: |
3 | Section 1913-A. Financial Program; Reimbursement of |
4 | Payments.--* * * |
5 | (b) * * * |
6 | (1.9) For the 2009-2010 fiscal year and notwithstanding any |
7 | other provision of law, Federal and State funds shall be |
8 | distributed to each community college in an amount equal to the |
9 | amount paid under paragraph (1.6) during the 2008-2009 fiscal |
10 | year. If insufficient funds are appropriated, the payments shall |
11 | be made on a pro rata basis. |
12 | * * * |
13 | Section 7. Section 2002-C of the act, added July 11, 2006 |
14 | (P.L.1092, No.114), is amended to read: |
15 | Section 2002-C. Duties of public institutions of higher |
16 | education. |
17 | (a) Completion.--Each public institution of higher education |
18 | shall complete all of the following by June 30, 2008: |
19 | (1) Participate in the development and implementation of |
20 | equivalency standards pursuant to section 2004-C(c)(1). |
21 | (2) Establish and maintain records and data detailing |
22 | the credits transferred to and received from other public |
23 | institutions of higher education as the department may |
24 | prescribe. |
25 | (3) Make any reasonable changes and modifications to its |
26 | foundation courses, including the strengthening of the |
27 | courses, to ensure equivalency of those credits among the |
28 | public institutions of higher education, as recommended by |
29 | the Transfer and Articulation Oversight Committee. |
30 | (4) Agree to accept for transfer foundation courses |
|
1 | determined to meet equivalency standards under section 2004- |
2 | C(c)(2). |
3 | (a.1) Completion of second phase.--Each public institution |
4 | of higher education shall agree to accept with full junior |
5 | standing the associate of arts or associate of science degree |
6 | into a parallel baccalaureate program as outlined under section |
7 | 2004-C(c)(2.1), (2.2), (2.3) and (2.4) by the timelines |
8 | established by the transfer and articulation oversight |
9 | committee, but no later than December 31, 2011. For the purposes |
10 | of this subsection, an associate of arts or associate of science |
11 | degree is a degree designed primarily for transfer to a |
12 | baccalaureate institution and which contains a minimum of 60 |
13 | credits. |
14 | (b) Reporting requirements.-- |
15 | (1) A public institution of higher education shall |
16 | submit to the department a series of interim reports |
17 | outlining the actions that the public institution of higher |
18 | education has undertaken or intends to undertake to comply |
19 | with subsection (a), which shall be filed December 31, 2006, |
20 | June 30, 2007, and December 31, 2007. |
21 | (2) Each public institution of higher education shall |
22 | submit to the department interim reports outlining the |
23 | actions that the public institution of higher education has |
24 | undertaken or intends to undertake to comply with subsection |
25 | (a.1), which shall be filed by December 31, 2009, June 30, |
26 | 2010, and December 31, 2010. |
27 | Section 8. Section 2004-C(c) of the act is amended by adding |
28 | paragraphs to read: |
29 | Section 2004-C. Transfer and Articulation Oversight Committee. |
30 | * * * |
|
1 | (c) Duties of Transfer and Articulation Oversight |
2 | Committee.--The committee shall: |
3 | * * * |
4 | (2.1) By December 1, 2009, consult with the department |
5 | on a process and timeline, subject to approval by the |
6 | department, to identify the associate of arts or associate of |
7 | science degree aligned with the graduation requirements of |
8 | the parallel baccalaureate degree in all public institutions |
9 | of higher education in consultation with faculty and |
10 | personnel. |
11 | (2.2) Identify associate of arts or associate of science |
12 | degree programs for transfer with full junior standing into a |
13 | parallel baccalaureate degree in consultation with faculty |
14 | and personnel in those degree programs by December 31, 2011. |
15 | (2.3) Identify modifications that may be required in |
16 | existing associate or baccalaureate degrees to satisfy |
17 | external accreditation or licensure requirements in |
18 | consultation with faculty and personnel. Approved |
19 | modifications shall recognize all competencies attained |
20 | within either the associate or baccalaureate programs. |
21 | (2.4) Define requirements, in consultation with faculty |
22 | and personnel, for education degrees, including early |
23 | childhood education degrees, leading to certification to be |
24 | included in an associate degree and to be accepted for |
25 | transfer with full junior standing into a parallel |
26 | baccalaureate degree program. |
27 | * * * |
28 | Section 9. The act is amended by adding sections to read: |
29 | Section 2006.1-C. Participation by State-related institutions. |
30 | (a) Identification.--No later than June 15, 2010, each |
|
1 | State-related institution shall identify 30 credit hours of |
2 | course content from equivalent courses identified under this |
3 | article that it will accept from a student accepted for transfer |
4 | from an institution of higher education participating in this |
5 | article. A State-related institution shall count a course in the |
6 | same manner that it would count the same or equivalent course if |
7 | taken by a student at the State-related institution. |
8 | (b) Posting.--Each State-related institution shall make the |
9 | information identified under subsection (a) available to the |
10 | department for posting on the department's publicly accessible |
11 | Internet website. |
12 | (c) Construction.--Nothing in this section shall be |
13 | construed to do any of the following: |
14 | (1) Require a State-related institution to apply a |
15 | course to graduation or degree requirements if that course or |
16 | its equivalent course would not be applied to graduation or |
17 | degree requirements if taken at the State-related |
18 | institution. |
19 | (2) Infringe on a State-related institution's sole |
20 | authority to accept a student for transfer, to determine |
21 | acceptance into a major, to determine the campus assignment |
22 | of the student or to determine how many and which credit |
23 | hours shall apply for the transfer student toward the |
24 | completion of a degree. The manner in which accepted courses |
25 | apply toward completion of a degree and whether they are |
26 | counted for general education, major or free elective credit |
27 | shall be subject to the requirements established by the |
28 | accepting State-related institution for each individual major |
29 | or program of study. |
30 | (3) Prohibit a State-related institution's ability to |
|
1 | enter into discussions with the department to increase the |
2 | number of credits under subsection (a). |
3 | Section 2318. Library funds. |
4 | (a) Distribution.--Funds appropriated for libraries shall be |
5 | distributed to each library under the following formula: |
6 | (1) Divide the sum of the amount of funding that the |
7 | library received in fiscal year 2007-2008 under section 2316 |
8 | by the total State-aid subsidy for fiscal year 2007-2008. |
9 | (2) Multiply the quotient under subparagraph (i) by the |
10 | total State-aid subsidy for 2009-2010. |
11 | (b) Remaining funds.--Following distribution of funds |
12 | appropriated for State aid to libraries, any remaining funds may |
13 | be distributed at the discretion of the State Librarian. |
14 | (c) Waiver.--If funds appropriated for State aid to |
15 | libraries in fiscal year 2009-2010 are less than funds |
16 | appropriated in fiscal year 2002-2003, the State Librarian may |
17 | waive standards as prescribed under section 103 of the act of |
18 | June 14, 1961 (P.L.324, No.188), known as The Library Code, |
19 | relating to hours of operation, continuing professional |
20 | development, collections, expenditures and other aspects of |
21 | library operation. |
22 | (d) Local share.--The following shall apply: |
23 | (1) Each library system receiving State aid under this |
24 | section may distribute the local library share of that aid in |
25 | a manner as determined by the board of directors of the |
26 | library system. |
27 | (2) Paragraph (1) shall not apply to a library system |
28 | operating in a county of the second class. |
29 | Section 10. Section 2502.48(a) and (b)(5) of the act, added |
30 | July 9, 2008 (P.L.846, No.61), are amended and the section is |
|
1 | amended by adding a subsection to read: |
2 | Section 2502.48. Basic Education Funding for Student |
3 | Achievement.--(a) The Department of Education shall calculate a |
4 | base cost per student. For the 2007-2008 school year, the base |
5 | cost per student shall be eight thousand three dollars ($8,003), |
6 | increased by the 2008-2009 index. For the 2008-2009 school year, |
7 | the base cost per student shall be the base cost per student of |
8 | the prior school year, increased by the index for the school |
9 | year in which funding will be paid. |
10 | (b) The Department of Education shall determine an adequacy |
11 | target for each school district by calculating the sum of the |
12 | following: |
13 | * * * |
14 | (5) An adjustment for geographic price differences |
15 | calculated as follows: |
16 | (i) Add the amounts under paragraphs (1), (2), (3) and (4). |
17 | (ii) Multiply: |
18 | (A) the sum under subparagraph (i); by |
19 | (B) the school district's location cost metric for the |
20 | 2007-2008 school year; or |
21 | (C) the school district's location cost metric or one (1), |
22 | whichever is greater, for the 2008-2009 school year. |
23 | (iii) Subtract: |
24 | (A) the sum under subparagraph (i); from |
25 | (B) the product under subparagraph (ii). |
26 | * * * |
27 | (d.1) The Commonwealth shall pay to each school district a |
28 | basic education funding allocation for the 2008-2009 school year |
29 | which shall consist of the following: |
30 | (1) An amount equal to the allocations received by the |
|
1 | school district for the 2007-2008 school year under subsections |
2 | (d)(1) and (2) and (e). |
3 | (2) If a school district has been declared a Commonwealth |
4 | partnership school district under Article XVII-B, an amount |
5 | equal to two million dollars ($2,000,000). |
6 | (3) (i) For a school district subject to subsection (d)(3) |
7 | (i), twenty-seven and eighty-two one-hundredths percent (27.82%) |
8 | of the State funding target determined under subsection (c)(1). |
9 | (ii) For a school district subject to subsection (d)(3)(ii), |
10 | twenty-one and four-tenths percent (21.4%) of the State funding |
11 | target determined under subsection (c)(1). |
12 | (4) Any additional amount required so that the total amount |
13 | provided under this subsection equals two percent (2%) greater |
14 | than the amount provided under subsections (d) and (e). |
15 | * * * |
16 | Section 11. Section 2502.49(b) of the act is amended by |
17 | adding a paragraph to read: |
18 | Section 2502.49. Accountability to Commonwealth Taxpayers.-- |
19 | * * * |
20 | (b) The following shall apply: |
21 | * * * |
22 | (5) (i) For the 2008-2009 school year, the Department of |
23 | Education may grant a waiver for the use of up to twenty-five |
24 | percent (25%) of the funds subject to subsection (a)(1) if all |
25 | of the following apply: |
26 | (A) The school district would otherwise be required to |
27 | reduce or eliminate one or more of the programs listed in |
28 | subsection (a)(1) due to a projected budget shortfall. |
29 | (B) The funds subject to the waiver must be used to maintain |
30 | one or more existing programs listed under subsection (a)(1). |
|
1 | (C) The school district has, in the determination of the |
2 | department, pursued alternative opportunities for greater |
3 | efficiency and internal savings in order to fund the program or |
4 | programs without need for a waiver. |
5 | (D) The program to be maintained addresses a significant |
6 | need of the school district's students and has demonstrated |
7 | effectiveness at increasing student achievement in the school |
8 | district, in the determination of the department. |
9 | (ii) The decision to grant a waiver shall be at the sole |
10 | discretion of the department and shall not be subject to appeal. |
11 | * * * |
12 | Section 12. Section 2509.5 of the act is amended by adding a |
13 | subsection to read: |
14 | Section 2509.5. Special Education Payments to School |
15 | Districts.--* * * |
16 | (aaa) For the 2009-2010 fiscal year, funds appropriated for |
17 | special education payments to school districts shall be |
18 | distributed to each school district in an amount equal to the |
19 | amount paid during the 2008-2009 school year under subsection |
20 | (zz). If insufficient funds are appropriated, the payments shall |
21 | be made on a pro rata basis. |
22 | Section 13. Section 2510.1 of the act, added February 1, |
23 | 1966 (1965 P.L.1642, No.580), is amended to read: |
24 | Section 2510.1. Payments on Account of Homebound Children.-- |
25 | Every school district, regardless of classification, shall be |
26 | paid by the Commonwealth for the school year 1966-1967 through |
27 | the school year 2006-2007, [and for each school year |
28 | thereafter,] on account of the instruction of homebound |
29 | children, an amount determined by multiplying the mandated |
30 | minimum hourly rate for instructing homebound children by the |
|
1 | district's aid ratio. |
2 | Section 14. Section 2599.2(d.4) of the act, added July 9, |
3 | 2008 (P.L.846, No.61), is amended to read: |
4 | Section 2599.2. Pennsylvania Accountability Grants.--* * * |
5 | (d.4) During the 2008-2009 and 2009-2010 school [year] |
6 | years, the department shall pay to each school district a |
7 | Pennsylvania accountability grant equal to the amount paid |
8 | during the 2007-2008 school year under subsections (d.2) and |
9 | (d.3). If insufficient funds are appropriated, the payments |
10 | shall be made on a pro rata basis. |
11 | * * * |
12 | Section 15. Repeals are as follows: |
13 | (1) The General Assembly declares that the repeals under |
14 | paragraph (2) are necessary to effectuate the following: |
15 | (i) The addition of sections 118, 615, 1113(b.3), |
16 | 1376(b.2)(4), (5) and (6), 1913-A(b)(1.9), 2318, |
17 | 2502.48(d.1), 2509.5(aaa), 2004-C(c)(2.1), (2.2), (2.3), |
18 | (2.4) and (2.5) and 2006.1-C of the act. |
19 | (ii) The amendment of sections 1512-C(g)(1) and |
20 | (1.1) and (j), 1705-B(h)(4), 2002-C, 2510.1 and |
21 | 2599.2(d.4) of the act. |
22 | (2) Sections 1722-E and 1722-J(1), (4), (5), (8), (9), |
23 | (10), (12), (14) and (17) of the act of April 9, 1929 |
24 | (P.L.343, No.176), known as The Fiscal Code, are repealed. |
25 | Section 16. The reenactment of section 1705-B(h)(4) of the |
26 | act shall apply retroactively to June 30, 2009. |
27 | Section 17. This act shall take effect immediately. |
|